HELPFUL INFORMATION AFTER BEING IN A CAR ACCIDENT AND WORK INJURY

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Social Security Disability Help from Attorney NoyesIn addition to helping those injured in car accidents, motorcycle crashes, workers' compensation claims and other personal injury matters, Matthew Noyes helps the disabled fight to get the SSD benefits from the Social Security Administration.

Friday, May 30, 2014

Hit and run car accidents should be a serious concern to all Floridians. In 2012, the state fell just shy of 70,000 cases of hit-and-run accidents. If these 70,000 car accidents, 17,000 people were injured and 166 people died in hit-and-run accidents.

Because of a gap of punishment in the laws, a drunk driver had an incentive to leave the scene of an accident. That is until a group of concerned citizens worked endlessly to get the Aaron Cohen Life Protection Act unanimously passed by the Florida Legislature. The bill now awaits Governor Scott's signature to put it into law.

The "Aaron Cohen Life Protection Act" is named after a Miami triathlete who was killed by a driver who fled the scene. Cohen left behind a wife and two young kids. Although there was strong circumstantial evidence that the driver was drunk, because he fled the scene he enjoyed a lighter sentence than he would have for DUI manslaughter.

The new law would remove this incentive to flee the scene. According to WSTP 10 News, the new bill makes it a mandatory minimum sentence of four years or more - depending on the severity - for someone who's involved in a hit and run car accident. It also requires courts to revoke driver licenses for at least 3 years of a person convicted of a hit-and-run.

I salute the efforts of those who made this bill into existence and encourage you to contact Governor Scott and tell him to sign the bill into law.

Lastly, I encourage everyone to carry uninsured or underinsured motorist coverage in the event you or a loved one is involved in a hit and run car accident. Without it, you could be left responsible for all medical bills and lost wages caused by the negligent driver.

Tuesday, May 27, 2014

Today, our personal injury law firm – Perenich, Caulfield, Avril & Noyes, P.A. – is doing their Read & Play Project at Ponce De Leon Elementary School in Clearwater. This project consists of educating the third graders on safety in the car, on their bikes and while walking. It ends with each third grader getting a ball and a book for the summer because we believe that each child should exercise outside during the summer, but also continue to read as well.

Since we are educating the kids this afternoon, let me share some tips for the adults on keeping kids safe as well during the summer. All driver need to do their part to keep summer a safe time for children to play outside, rid their bikes and walk in their neighborhoods. Here are some tips from SafeKids.org:

slow down and be especially alert in residential neighborhoods

take extra time to look for kids at intersections, on medians and on curbs

enter and exit driveways and alleys slowly and carefully

watch for children on and near the road during daytime hours

never leave a child alone in a vehicle

always lock car doors and trunks and keep keys out of children's reach

remember that children may move in unpredictable ways

reduce any distractions inside your car so you can concentrate on the road and your surroundings

With both kids and adults being reminded about these safety tips, car accidents, bike accidents and other accident involving kids can be avoided. Take a few extra moments to look out for kids – it could save their life.

Wednesday, May 21, 2014

Pedestrian accidents happen more often than one may think. From 2003 through 2012, 47,025 people died while walking on America's streets and another estimated 676,000 were injured—meaning someone on foot was hit by a car about every eight minutes. These numbers are part of a report released yesterday by the National Complete Streets Coalition.

According to the report, the number of being killed in traffic accidents while walking is climbing. A total of 4,280 people walking died in traffic crashes in 2010; 4,432 in 2011; and 4,743 in 2012. In 2012, pedestrians killed in car accidents represented nearly 15 percent of all traffic fatalities.

Where is the most dangerous place for pedestrians to walk? Sadly, it is right here in Florida. The report lists the most dangerous areas to walk in this order:

Metro Orlando

Tampa–St. Petersburg

Jacksonville

Miami

Memphis

Birmingham

Houston

Atlanta

Phoenix

Charlotte

Surprisingly, Boston, Pittsburgh, Seattle, New York and San Francisco were the metro areas ranked the least dangerous for pedestrians. To see where your area ranks, click here for the report.

Sadly, children being killed in pedestrian accidents remain a leading cause of death for those 15 years and younger.From 2003 to 2010, the number of children killed in pedestrian accidents nationwide is 68 percent higher than the number of children who drowned in swimming pools. If pedestrian accident were not grouped into the category of car accident deaths, pedestrian death would rank as the third leading cause of accidental injury death for children aged 1 to 15.

We can all do our part to reduce the number of pedestrian accidents. Drivers need to focus on all pedestrians and maintain their attention on the pedestrian until they pass them. Pedestrians need to watch out for vehicles and maintain a safe distance from the roadway and cross streets only when it is safe to do so.

Monday, May 19, 2014

Another left-turn car accident claims a life. On Sunday, a New Port Richey woman was killed in a car accident after her vehicle turned left in front of another oncoming vehicle causing a collision. The crash occurred on at the intersection of Massachusetts Avenue and Little Road in New Port Richey.

According to the Tampa Bay Times, just prior to the automobile accident, Richard Hayes was driving an SUV approaching the same intersection when the Buick Century turned in front of him. As a result, the vehicles collided, and the Buick ran off the road. The female passenger in the Buick was taken to Regional Medical Center Bayonet Point where she later died of her injuries.

This tragic car accident reminds us of the dangers of turning left without a green arrow at busy intersections. Don't start your turn unless you are 110% confident that there is plenty of space to make sure your turn. Don't assume the other driver is driving the speed limit; in fact, assume the other driver is speeding. If you don't think you can make your turn if the other driver is speeding, don't try. Also, if there is another traffic intersection that has a green arrow for the left turns, use that intersection instead. These few seconds could save your life or the life of a loved one.

Wednesday, May 14, 2014

Car accidents happen whether you are pregnant or not, but are pregnant woman more susceptible to car accidents? According to a recent study, the answer is yes.

As published in USA TODAY, a study published in the in the Canadian Medical Association Journal concludes that pregnant women have an extra risk of being involved in a car accident in the second trimester, a time when women are feeling most of the effects of pregnancy but may not drive as carefully as they do with a late-term pregnancy belly. One of the authors places the blame partly on so-called "pregnancy brain" – the foggy thinking many women report as pregnancy progresses.

The researchers looked at records for more than 500,000 women who gave birth in Ontario and counted the number of automobile accidents four years before a child's birth and one year after the birth that request an emergency room visit. The study indicates that before pregnancy, the number of such serious car crashes for all the women, as drivers, was 177 per month, an annual rate of 4.5 per 1,000. That stayed steady in the first month of pregnancy. By the fourth month, the same women were having 299 serious crashes a month, or an annual rate of 7.6 per 1,000. The rate fell sharply by the last month of pregnancy, to 2.7 per 1,000 – and stayed low the year after the births.

Pregnant drivers are urged to take added precautions while driving to reduce the risk of injuries from car accidents. Get enough sleep before driving. Sleep disorders during pregnancy may play an under-appreciated role in such car accidents. The American College of Obstetricians and Gynecologists urges pregnant women to always buckle up with a lap and shoulder belt and to keep air bags turned on. Pregnant drivers should try to keep 10 inches between the steering wheel and their breastbones, the doctors say. Also, pregnant passengers should move front seats back as far as possible or sit in back seats, says the National Highway Traffic Safety Administration.

Although the number of car accidents increase for pregnant women, they may still be lower than if the dads were driving. Sounds like a new study!

Protect your precious cargo and drive safely and watch out for those who don't!

Monday, May 12, 2014

As summer approaches, don't be surprised to read more about jet ski accidents similar to the one that occurred at Fort De Soto Park on Saturday resulting in injuries.

According to WFLA.com., on Saturday about 5:30 p.m., the Pinellas County Sheriff Office dive team responded to a call about a jet ski accident in the water near the park's north beach. Reports indicate that two personal water crafts collided near Bunce's Path resulting in two people on the same water craft being injured. One of the injured was a 16 years old passenger. According to the article, the operator of the jet ski collided with another jet ski causing the injuries. Both persons were taken to the hospital.

This jet ski accident is an examples of the fun – and dangers – associated with jet skis. Below are some tips to help you enjoy a fun sport safely.

Always wear a PFD (personal flotation device). This includes passengers and skiers!

Never operate a powered watercraft (PWC) while under the influence of drugs or alcohol.

Operators and passengers should always keep both feet on footrest floor. Keep your hands, feet, hair, and clothing away from the pump intake.

Attach the stop lanyard to the PWC lanyard terminal (if applicable), and to your wrist or PFD.

Pay close attention to your speed around swimming areas, beaches, marinas, docking areas, and waterfront areas. Many of the areas are posted with minimal speed limits and "No Wake" signs. Keep a constant watch for swimmers, other vessels, and objects at all times. Never operate your PWC in or near surf zones.

Always follow markers and signs, and observe the navigational rules.

If you injure someone because of the negligent operation of your jet ski, the injured parties will have a potential claim against you for injuries. Make sure you check your insurance policies to make sure you are insured if you cause injuries in a jet ski accident.

Monday, May 05, 2014

I am not 100% sure why Americans celebrate the Mexican army's unlikely victory over French forces at the Battle of Puebla, but we do and call it Cinco de Mayo (since the battle was won on May 5, 1962). No. Cinco de Mayo is not Mexico's Independence Day—that is celebrated on September 16.

One thing I am sure about it that there are many Cinco de Mayo parties and a lot of cerveza is consumed. Sadly, some of those party-goers get behind the wheel and drive home drunk. According to the National Highway Traffic Safety Administration (NHTSA), almost half of all car accident deaths on Cinco de Mayo 2012 involved a drunk driver. In 2012, 198 people lost their lives in car accident around Cinco de Mayo, and almost half of those fatalities (45%) were in drunk-driving crashes.

Enjoy the fiesta tonight. Designate a sober driver for your group or remember that AAA provide a free service (TOW TO GO) to get you and your car home safely if you had too much to drink.

Thursday, May 01, 2014

In a Florida workers' compensation claim, in almost all situations, the workers' compensation carrier gets to choose the doctor the injured workers must treat with. Notwithstanding the self-help provision of the work comp statute (a subject for a later blog article), there is one opportunity to get the opinion of a doctor of your choosing in the workers compensation arena – the Independent Medical Examination (IME).

Florida Statute 440.13(5) addresses the workers compensation IME and gives both the workers compensation carrier and the employee the right to an IME. Either party can have an IME to resolve disputes about overutilization, entitlement to medical benefits, compensability, or disability. Thus, if the carrier denies a claim for benefits, the injured employee can obtain an Independent Medical Examination or if the carrier-appointed doctor opines that the injured worker is at maximum medical improvement (MMI) with no impairment, the employee can obtain an IME to dispute the carrier-appointed doctor's opinions.

However, there are limits to the IME. Under Florida's workers' compensation statute, each side is limited to only one independent medical examination per accident. No longer are the parties entitled to an IME per medical specialty. However, each party is entitled to an IME for each covered dispute during the life of the case as long as the IME is performed by the same examiner. Also, no longer is the carrier responsible to pay for all work comp IMEs. Now, the party requesting the examination and choosing the examiner is responsible for all costs associated with the examination—this means the injured employee must pay for the doctor of their choosing (unless the carrier has managed care). Of course, if the employee prevails, the workers' compensation carrier must reimburse the costs of the IME. Lastly, the IME doctor cannot be a treating physician unless all parties agree to that.

If the injured worker is utilizing their right to an IME, they are required to notify the workers' compensation carrier of their choice within fifteen (15) days AFTER the date the exam is to take place. If the notification is not timely made, the worker compensation judge can exclude the IME doctor's findings from the evidence.

There are many other legal issues surrounding IMEs in work comp cases. If you are an injured employee and feel that your medical concerns are not be addressed, you should consult with an attorney who understands the Florida Workers' Compensation statute before jumping into the selection of an IME doctor.